In a significant ruling, the Allahabad High Court has ruled that a married individual cannot legally engage in a live-in relationship with a third party without first securing a formal divorce.
Consequently, the court refused to grant legal protection to a couple in such a domestic arrangement.
What is the case?
The petitioners, both adults living together as a couple, sought protection against alleged life threats from a respondent. However, the state counsel opposed the petition and said that one of the petitioners was still legally married to another individual and had not sought a divorce.
Judicial reasoning
During the hearing, presiding Justice Vivek Kumar Singh observed that the right to personal liberty is not absolute. It cannot be used to bypass the statutory rights of a legal spouse, who is legally entitled to the "company" of their partner.
"No one has the right to interfere in the personal liberty of the two adults, not even the parents of two adults can interfere in their relationship, but the Right to Freedom or Right to Personal Liberty is not absolute or unfettered: it is qualified by some restrictions also. The freedom of one person extincts where the statutory right of another person starts," said the court in its judgment on Tuesday.
The judgment emphasized that the freedom of one individual cannot be permitted to encroach upon or outweigh the established legal rights of another.
"If the petitioners are already married and have their spouse alive, he/she cannot be legally permitted to enter into a live-in relationship with a third person without seeking divorce from the earlier spouse," the Allahabad High Court said.
Because the prior marriage remained legally intact, the court deemed the current live-in arrangement ineligible for judicial protection.
Marriage dissolution necessary
The court declined to issue any protective orders, affirming that individuals must follow the legal process of marriage dissolution before seeking the court's endorsement or protection for a new cohabiting relationship.
Adults in live-in relationship are entitled to protection of life, says HC
The Allahabad High Court has ordered police protection for 12 couples in live-in relationships who reported facing threats from their families and a lack of support from local law enforcement. Justice Vivek Kumar Singh issued the directive, affirming that consenting adults in such arrangements are entitled to the state’s protection of their life and personal liberty.
In his ruling, Justice Singh addressed the surge of similar petitions, noting that many couples feel compelled to seek judicial intervention only after district police fail to act on their grievances. The court highlighted several legal principles. The court clarified that the central issue is the constitutional protection of adults, not social approval.
While segments of society may find live-in relationships uncomfortable, the court ruled that personal morality does not override legal rights.
The judgment reaffirmed that once an individual reaches the age of majority, they possess the legal autonomy to decide their residence and choose their partner without interference.
The ruling emphasized that live-in relationships are not prohibited by law, and the state has a duty to safeguard the fundamental rights of those who choose them.
On the question whether the absence of formal marriage affects constitutional protection, the court held: "Right to human life is to be treated on a much higher pedestal, regardless of a citizen being minor or major, married or unmarried. Mere fact that the petitioners have not solemnized marriage, would not deprive them of their fundamental rights as envisaged in the Constitution of India being citizens of India."
"Once an individual, who is a major, has chosen his/her partner, it is not for any other person, be it a family member, to object and cause a hindrance to their peaceful existence," it said.
